United States Fifth Circuit

In a suit alleging tort and contract claims relating to a letter of credit issued by defendants, summary judgment for defendants is affirmed in part and reversed and remanded in part where: 1) a facsimile letter of credit presented by plaintiff was not an original letter of credit, and plaintiff's attempt to draw on the letter was therefore invalid; but 2) an "incurable defect" exception to the provisions of Uniform Customs and Practice Article 16(d) did not apply, and defendant could not raise the defective presentation as a defense to honoring the amount of plaintiff's draw on the letter of credit; and 3) plaintiff did not produce evidence that it relied on alleged negligent misrepresentations by defendants.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

• GARWOOD, Circuit Judge:, Before JONES, Chief Judge, and GARWOOD and JOLLY, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Davis Bradford Allgood (argued), Ryan Estes Johnson, Carla Tircuit Ashley, Jones Walker, Baton Rouge, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Troy John Charpentier (argued), Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Defendants-Appellees.